Circular No. 01/2012/TT-BNG dated March 20, 2012 of the Ministry of Foreign Affairs guiding a number of provisions of the Government's Decree No. 111/2011/ND-CP of December 5, 2011, on consular certification and legalization

THE MINISTRY OF FOREIGN AFFAIRS

Circular No. 01/2012/TT-BNG of March 20, 2012, guiding a number of provisions of the Government's Decree No. 111/2011/ND-CP of December 5, 2011, on consular certification and legalization

Pursuant to the Government's Decree No. 15/2008/NP-CP of February 4, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Foreign Affairs;

Pursuant to the Government's Decree No. 111/2011/ND-CP of December 5, 2011, on consular certification and legalization;

To ensure the unified implementation of regulations on consular certification and legalization and create favorable conditions for citizens, the Ministry of Foreign Affairs guides a number of provisions of the Government's Decree No. 111/2011/ND-CP of December 5, 2011, on consular certification and legalization (below referred to as the Decree), as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Agencies competent to carry out consular certification and legalization

1. The Consular Department and the External Relations Department of Ho Chi Minh City of the Ministry of Foreign Affairs are competent to carry out consular certification and legalization in Vietnam.

2. Considering the needs and personnel and physical facility conditions of each locality, the Minister of Foreign Affairs shall authorize foreign affairs departments/divisions/units of provinces and centrally run cities (below referred to as local foreign affairs agencies) to receive dossiers of request for consular certification or legalization and notify results. The list of these agencies shall be regularly notified and updated on the Consular Web Portal at http://lanhsuvietnam.gov.vn.

Authorized local foreign affairs agencies may not reauthorize other agencies.

Officers of authorized local foreign affairs agencies may only receive and handle dossiers of request for consular certification and legalization after receiving professional training by the Ministry of Foreign Affairs.

Article 2. Languages of consular certification and legalization

The languages used for consular certification and legalization are both Vietnamese and English.

Overseas Vietnamese diplomatic missions, consulates or other agencies authorized to perform the consular function (below referred to as representative missions) may use the official language of the country where the papers and documents concerned are used in replacement of English.

Article 3. Papers and documents eligible for consular certification and legalization

Papers and documents issued or certified under law by agencies or organizations mentioned at Point d, Clause 4, Article 11 of the Decree include:

1. Educational and training degrees or certificates;

2. Health certificates;

3. Judicial record cards;

4. Other papers and documents which may be consularly certified under law.

Article 4. Papers and documents ineligible for consular certification and legalization

1. Papers and documents mentioned in Clause 2, Article 10 of the Decree containing contradictory details or contradicting other papers and documents in dossiers of request for consular certification or legalization.

2. Papers and documents mentioned in Clause 4, Article 10 of the Decree having stamps and signatures which are not stamped and signed directly on them. A stamp or a signature which is copied in any form shall be not considered original.

3. Papers and documents mentioned in Clause 5, Article 10 of the Decree with contents infringing upon the rights and interests of the Vietnamese State, incompliant with Vietnamese policies or otherwise harmful to the Vietnamese State.

Article 5. Papers and documents bearing unidentifiable stamps, signatures and titles

Papers and documents mentioned at Point a, Clause 2, Article 12 of tHe Decree include:

1. Papers and documents bearing stamps, signatures and titles which have not yet been officially introduced.

2. Papers and documents bearing stamps, signatures and titles which are unidentifiable on the basis of comparing them with their officially introduced specimens or verification results.

Article 6. Submission of dossiers of request for consular certification or legalization by post

The submission of dossiers by post to the Consular Department or the External Relations Department of Ho Chi Minh City under Clause 2, Article 6 of the Decree may be conducted at any post offices within the Vietnam post system according to the service agreement between the Consular Department of the Ministry of Foreign Affairs and P&T Express Service Joint Stock Company (EMS) of the Vietnam Post.

Article 7. Introduction of specimens of stamps, signatures and titles

1. The introduction of specimens of stamps, signatures and titles of agencies and organizations making, notarizing or certifying papers and documents mentioned in Clause 4, Article 11 of the Decree shall be conducted as follows:

a/ Agencies and organizations competent to make, notarize or certify papers and documents under law shall introduce the specimens of their stamps, signatures and titles;

b/ These agencies and organizations shall annually review the specimens of their stamps, signatures and titles and notify review results before February 1 of the subsequent year;

c/ The Consular Department and the External Relations Department of Ho Chi Minh City shall receive the introduction of the specimens of stamps, signatures and titles of central and local agencies and organizations.

Local foreign affairs agencies shall receive the introduction of the specimens of stamps, signatures and titles of their local agencies and organizations and central agencies and organizations based in their localities; and send the original documents on introduction to the Consular Department and the External Relations Department of Ho Chi Minh City within 5 working days after receiving them, and keep their copies.

2. The Consular Department and the External Relations Department of Ho Chi Minh City shall introduce the specimens of their stamps, signatures and titles to foreign representative missions in Vietnam and overseas Vietnamese representative missions.

3. Overseas Vietnamese representative missions shall introduce the specimens of their stamps, signatures and titles to the Ministry of Foreign Affairs or other competent agencies of foreign countries.

4. In case the specimens of stamps, signatures and titles mentioned in Clauses 1, 2 and 3 of this Article are changed, related agencies shall introduce the new specimens within 20 working days after the change.

Article 8. Preservation of officially introduced specimens of stamps, signatures and titles

Competent consular certification and legalization agencies and local foreign affairs agencies shall preserve and keep permanently, scientifically and systematically the officially introduced specimens of stamps, signatures and titles.

Chapter II

ORDER AND PROCEDURES FOR CONSULAR CERTIFICATION AND LEGALIZATION

Article 9. Dossiers of request for consular certification or legalization

1. Personal identification papers mentioned at Points b and c, Clause 1, Articles 11, 13, 14 and 15 of the Decree include identity card, passport or passport substitute papers.

2. The copy of a personal identification paper mentioned at Point c, Clause 1, Article 11, 13, 14 or 15 of the Decree need not be certified.

3. Papers and documents requested for consular certification or legalization mentioned at Point d, Clause 1, Article 11, 13, 14 or 15 of the Decree comprising 2 or more pages must be stamped on every two adjoining pages or tied and sealed or otherwise secured to ensure that these papers and documents cannot be changed.

4. The translations of papers and documents mentioned at Point e, Clause 1, Articles 14 and 15 of the Decree need not be certified. Dossier submitters shall take responsibility for the accuracy of these translations.

5. Papers and documents not required to be enclosed with Vietnamese or English translations under Point e, Clause 1, Article 15 of the Decree are those made in Russian, French, Spanish, Chinese or German requested for consular legalization at corresponding representative missions based in Russia, France, Spain, China or Germany. This provision is also applicable to papers and documents made in other languages and requested for legalization at other representative missions, if these representative missions' dossier-receiving officers understand those languages.

6. A dossier of request for consular certification or legalization sent by post under Clause 2, Article 6 of the Decree must be enclosed with an envelope bearing the recipient's address.

Article 10. Receipt of dossiers of request for consular certification or legalization

1. Upon receiving a dossier of request for consular certification or legalization, if it is complete and valid under Articles 11, 13, 14 and 15 of the Decree and Article 9 of this Circular, competent agencies shall issue a receipt, except dossiers submitted by post. If this dossier is neither complete nor valid, competent agencies shall guide how to supplement and complete it.

2. For a paper or document requested for consular certification or legalization falling into the cases specified in Articles 9 and 10 of the Decree, competent agencies may refuse to receive the dossier and clearly state the reason to the requester for consular certification and legalization.

After learning about the reason, if the requester still insists on request for consular certification or legalization of the paper or document which is exempted from consular certification and legalization specified m Article 9 of the Decree, competent agencies shall receive his/her dossier for settlement.

Article 11. Handling of dossiers of request for consular certification and legalization

1. For papers and documents requested for consular certification or legalization other than those specified in Article 10 of the Decree, competent consular certification and legalization agencies shall certify the stamps, signatures and titles on these papers and documents on the basis of comparing them with their officially introduced specimens.

Local foreign affairs agencies that receive dossiers of request for consular certification or legalization shall send them to the Consular Department or the External Relations Department of Ho Chi Minh City within 1 working day after checking and comparison.

2. Competent consular certification and legalization agencies shall only certify the stamps or signatures and titles on papers and documents requested for consular certification or legalization in the following cases:

- Papers and documents bearing only stamps or signatures and titles;

- Papers and documents bearing only original stamps or original signatures.

3. For papers and documents mentioned in Clause 2, Article 12 of the Decree, the Consular Department or the External Relations Department of Ho Chi Minh City shall give certification that these papers and documents have been produced at the Ministry of Foreign Affairs.

4. When detecting papers and documents falling into the cases specified in Clauses 3 and 5, Article 10 of the Decree, competent consular certification and legalization agencies shall seize them and notify related agencies thereof for handling.

Article 12. Time limit for settlement

The time limit for settlement specified in Clause 5, Article 11 of the Decree is counted on the basis of the number of papers and documents requested for consular certification or legalization, regardless of the number of their pages.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 13. Forms used for consular certification and legalization

1. To issue together with this Circular the following forms:

- Declaration for consular certification and legalization (Form LS/HPH-2012/TK);

- Stamp for consular certification and legalization (Form LS/HPH-2012/CN);

- Stamp for certification of produced papers and documents (Form LS/HPH-2012/XT);

- Document on introduction of specimens of stamps, signatures and titles (Form LS/HPH-2012/GT);

- Consular certification and legalization register (Form LS/HPH-2012/SDK).

(These forms are not translated into English and printed herein)

2. The Ministry of Foreign Affairs shall print and issue forms of stamp for consular certification and legalization and stamp for certification of produced papers and documents for domestic use. Representative missions may use directly forms of stamp issued together with this Circular or order the printing thereof abroad for use.

3. Forms of declaration for consular certifi­cation and legalization, document on introduc­tion of specimens of stamps, signatures and titles and consular certification and legalization register shall be published on the Consular Web Portal at http://lanhsuvietnam.gov.vn for download and use by agencies, organizations or individuals.

Article 14. Effect

1. This Circular takes effect on May 15, 2012, and replaces the Minister of Foreign Affairs' Circular No. 01/1999/TT-BNG of June 3, 1999, providing procedures for paper and document legalization.

2. Representative missions and local foreign affairs agencies shall promptly report any difficulties or matters arising in the course of implementation to the Ministry of Foreign Affairs for consideration and settlement.-

Ministry of Foreign Affairs

PHAM BINH MINH